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ENROLLED 2025 Legislature CS for CS for SB 344 2025344er 1 2 An act relating to the Telecommunications Access 3 System Act of 1991; amending s. 427.702, F.S.; 4 revising the legislative findings, purpose, and intent 5 of the Telecommunications Access System Act of 1991; 6 amending s. 427.703, F.S.; defining and redefining 7 terms; amending s. 427.704, F.S.; revising the powers 8 and duties of the Florida Public Service Commission in 9 overseeing the administration of the 10 telecommunications access system; amending s. 427.705, 11 F.S.; revising the duties of the systems 12 administrator; revising the procedures required for 13 the distribution of specialized telecommunications 14 devices; requiring the administrator to assume 15 responsibility for the distribution of specialized 16 communications technologies; amending s. 427.706, 17 F.S.; revising the composition of the advisory 18 committee appointed to assist the commission with 19 implementing the act; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.Present paragraphs (e) through (i) of subsection 24 (3) of section 427.702, Florida Statutes, are redesignated as 25 paragraphs (f) through (j), respectively, a new paragraph (e) is 26 added to that subsection, and subsections (1) and (2) and 27 paragraphs (a) and (d) and present paragraphs (g) and (h) of 28 subsection (3) of that section are amended, to read: 29 427.702Findings, purpose, and legislative intent. 30 (1)The Legislature finds and declares that: 31 (a)Telecommunications services provide a rapid and 32 essential communications link among the general public and with 33 essential offices and organizations such as police, fire, and 34 medical facilities. 35 (b)All persons should have basic telecommunications 36 services available to them at reasonable and affordable costs. 37 (c)A significant portion of Floridas hearing impaired and 38 speech impaired populations has profound disabilities, including 39 dual sensory impairments, which render normal telephone 40 equipment useless without additional specialized 41 telecommunications devices, many of which cost several hundred 42 dollars. 43 (d)The telecommunications system is intended to provide 44 access to a basic communications network between all persons, 45 and that many persons who have a hearing impairment or speech 46 impairment currently have no access to the basic 47 telecommunications system. 48 (e)Persons who do not have a hearing impairment or speech 49 impairment are generally excluded from access to the basic 50 telecommunications system to communicate with persons who have a 51 hearing impairment or speech impairment without the use of 52 specialized telecommunications devices. 53 (f)There exists a need for a telecommunications relay 54 system whereby the cost for access to basic telecommunications 55 services for persons who have a hearing impairment or speech 56 impairment is no greater than the amount paid by other 57 telecommunications customers. 58 (g)The Federal Government, in order to carry out the 59 purposes established by Title II of the Communications Act of 60 1934, as amended, by the enactment of the Americans with 61 Disabilities Act, endeavored to ensure that interstate and 62 intrastate telecommunications relay services are available, to 63 the extent possible and in the most efficient manner, to persons 64 with hearing loss or speech impairment hearing impaired and 65 speech impaired persons in the United States. 66 (b)(h)Title IV of the Americans with Disabilities Act 67 mandates that the telecommunications companies providing 68 telephone services within the state shall provide 69 telecommunications relay services on or before July 25, 1993, to 70 persons with hearing loss or speech impairment who are hearing 71 impaired or speech impaired within their certificated 72 territories in a manner that meets or exceeds the requirements 73 of regulations to be prescribed by the Federal Communications 74 Commission. 75 (2)It is The declared purpose of this part is to establish 76 a system whereby the residents citizens of this state with 77 hearing loss or speech impairment or who are deafblind Florida 78 who are hearing impaired, speech impaired, or dual sensory 79 impaired have access to basic telecommunications services at a 80 cost no greater than that paid by other telecommunications 81 services customers, and whereby the cost of both the specialized 82 telecommunications equipment necessary to ensure that such 83 residents citizens who are hearing impaired, speech impaired, or 84 dual sensory impaired have such access to basic 85 telecommunications services and the provision of 86 telecommunications relay service is borne by all the 87 telecommunications customers in this of the state. 88 (3)It is the intent of the Legislature: 89 (a)That a telecommunications access system be established 90 to provide equitable basic access to the telecommunications 91 network for persons with hearing loss or who are hearing 92 impaired, speech impairment impaired, or who are deafblind dual 93 sensory impaired. 94 (d)That the telecommunications access system includes the 95 distribution of specialized telecommunications devices necessary 96 for persons with hearing loss or hearing impaired, speech 97 impairment impaired, or who are deafblind dual sensory impaired 98 persons to access basic telecommunications services. 99 (e)That the telecommunications access system provides 100 access to specialized communications technology capable of using 101 existing or future devices or equipment necessary for persons 102 with hearing loss or speech impairment or who are deafblind to 103 access telecommunications services. 104 (h)(g)That the telecommunications access system uses 105 state-of-the-art technology for specialized telecommunications 106 devices, specialized communications technology, and the 107 telecommunications relay service and encourages the 108 incorporation of new developments in technology, to the extent 109 that it has demonstrated benefits consistent with the intent of 110 this act and is in the best interest of the residents citizens 111 of this state. 112 (i)(h)That the value of the involvement of persons with 113 hearing loss who have hearing or speech impairment, or who are 114 deafblind impairments, and organizations representing or serving 115 those persons, be recognized and such persons and organizations 116 be involved throughout the development, establishment, and 117 implementation of the telecommunications access system through 118 participation on the advisory committee as provided in s. 119 427.706. 120 Section 2.Present subsections (2), (3) and (4), (5) and 121 (6), (7) and (8), (9), (10), (11), (12), and (13) through (17) 122 of section 427.703, Florida Statutes, are redesignated as 123 subsections (3), (5) and (6), (9) and (10), (12) and (13), (16), 124 (19), (18), (20), and (22) through (26), respectively, new 125 subsections (2), (4), (7), (8), (11), (14), (15), (17), and (21) 126 are added to that section, and subsection (1) and present 127 subsections (4), (6), (10), (11), (12), (14), and (16) of that 128 section are amended, to read: 129 427.703Definitions.As used in this part: 130 (1)Administrator means a corporation not for profit 131 incorporated pursuant to the provisions of chapter 617 and 132 designated by the Florida Public Service Commission to 133 administer the telecommunications access system relay service 134 system and the distribution of specialized telecommunications 135 devices pursuant to the provisions of this act and rules and 136 regulations established by the commission. 137 (2)Commercial mobile radio service or CMRS means a 138 mobile radio communications service, provided for profit, which 139 is interconnected to the public switched network and is 140 available to the public or to such classes of eligible users as 141 to be effectively available to a substantial portion of the 142 public. The term does not include services that do not provide 143 access to 911 service, communication channels suitable only for 144 data transmission, wireless roaming services or other nonlocal 145 radio access line services, or private telecommunications 146 systems. 147 (4)Communications service means a service provided to 148 subscribers through wireline telecommunications equipment, 149 interconnected VoIP, or CMRS. 150 (6)(4)Deafblind Dual sensory impaired means having 151 both a permanent hearing impairment and a permanent visual 152 impairment and includes dual sensory impairment deaf/blindness. 153 (7)Deaf service center means a center that serves, 154 within a defined region, individuals with hearing loss or speech 155 impairment or who are deafblind, by distributing equipment and 156 providing services on behalf of the administrator. 157 (8)Deaf service center director means an individual who 158 serves as the director for a deaf service center and is 159 responsible for ensuring that individuals with hearing loss or 160 speech impairment or who are deafblind are qualified to receive 161 equipment or services in accordance with ss. 427.701-427.708, 162 based on their impairment by attesting to such impairment as 163 provided for in the procedures developed by the administrator. 164 (10)(6)Hearing loss impaired or having a hearing 165 impairment means deaf, late-deafened, or hard of hearing and, 166 for purposes of this part, includes being dual sensory impaired. 167 (11)Interconnected voice-over-Internet protocol or 168 interconnected VoIP means a service that does all of the 169 following: 170 (a)Enables subscribers to have real-time, two-way voice 171 communications. 172 (b)Requires a broadband connection. 173 (c)Requires customer equipment compatible with Internet 174 protocol. 175 (d)Allows subscribers to receive calls from and place 176 calls to a public switched telephone network. The term does not 177 include services that do not provide access to 911 service or 178 private telecommunications systems. 179 (14)Regional distribution center means an entity, 180 including, but not limited to, a deaf service center or a 181 provider of audiology services, which has contracted with the 182 administrator to distribute equipment and provide services to 183 qualified individuals with hearing loss or speech impairment or 184 who are deafblind. 185 (15)Regional distribution center director means an 186 individual qualified by the administrator who serves as the 187 director for a regional distribution center and meets the 188 standards for ensuring that individuals with hearing loss or 189 speech impairment or who are deafblind are qualified to receive 190 equipment or services in accordance ss. 427.701-427.708 on their 191 impairment by attesting to such impairment as provided for in 192 the procedures developed by the administrator. 193 (17)Specialized communications technology means mobile 194 devices, tablet computers, software, or applications that can be 195 used to provide communications services to a hearing impaired, 196 speech impaired, or deafblind person. 197 (19)(10)Speech impaired or having a speech impairment 198 means having a permanent loss of verbal communication ability 199 that which prohibits normal usage of a standard telephone 200 handset. 201 (18)(11)Specialized telecommunications device means a 202 TDD, a volume control handset, a ring signaling device, or any 203 other customer premises telecommunications equipment that can be 204 specifically designed or used to provide basic access to 205 communications telecommunications services for a person with 206 hearing loss or speech impairment or who is deafblind hearing 207 impaired, speech impaired, or dual sensory impaired person. 208 (20)(12)Surcharge means an additional charge which is to 209 be paid by local exchange telecommunications company subscribers 210 pursuant to the cost recovery mechanism established under s. 211 427.704(4) in order to implement the system described herein. 212 (21)Telecommunications access system means the system 213 administered pursuant to this section, and includes the 214 administration of the telecommunications relay service system 215 and the distribution of specialized telecommunications devices 216 and specialized communications technologies pursuant to ss. 217 427.701-427.708 and rules and regulations established by the 218 commission. 219 (23)(14)Telecommunications device for the deaf, or 220 TDD, or text device means a mechanism that which is 221 connected to a communications network standard telephone line, 222 operated by means of a keyboard, and used to transmit or receive 223 signals through telephone lines or other communications service 224 facilities. 225 (25)(16)Telecommunications relay service means any 226 telecommunications transmission service that allows a person 227 with hearing loss who is hearing impaired or speech impairment 228 speech impaired to communicate by wire or radio in a manner that 229 is functionally equivalent to the ability of a person who does 230 not have hearing loss or speech impairment is not hearing 231 impaired or speech impaired. Such term includes any service that 232 enables two-way communication between a person who uses a 233 telecommunications device or other nonvoice terminal device and 234 a person who does not use such a device. 235 Section 3.Subsection (1), paragraph (a) of subsection (3), 236 paragraphs (a), (b), and (e) of subsection (4), and subsections 237 (5) through (9) of section 427.704, Florida Statutes, are 238 amended to read: 239 427.704Powers and duties of the commission. 240 (1)The commission shall establish, implement, promote, and 241 oversee the administration of a statewide telecommunications 242 access system to provide access to telecommunications relay 243 services by persons with hearing loss or speech impairment or 244 who are deafblind who are hearing impaired or speech impaired, 245 or others who communicate with them. The telecommunications 246 access system must shall provide for the purchase and 247 distribution of specialized telecommunications devices, 248 equipment, specialized communications technology, and the 249 establishment of a statewide single provider telecommunications 250 relay service system that which operates continuously. To 251 provide telecommunications relay services and distribute 252 specialized telecommunication devices, equipment, and 253 specialized communications technology to persons with hearing 254 loss or speech impairment or who are deafblind who are hearing 255 impaired or speech impaired, at a reasonable cost the commission 256 shall: 257 (a)Investigate, conduct public hearings, and solicit the 258 advice and counsel of the advisory committee established 259 pursuant to s. 427.706 to determine the most cost-effective 260 method for providing telecommunications relay service and 261 distributing specialized telecommunications devices, equipment, 262 and specialized communications technology. 263 (b)Ensure that users of the telecommunications relay 264 service system pay rates no greater than the rates paid for 265 functionally equivalent voice communication services with 266 respect to such factors as duration of the call, time of day, 267 and distance from the point of origination to the point of 268 termination. 269 (c)Ensure that the telecommunications access system 270 protects the privacy of persons to whom services are provided 271 and that all operators maintain the confidentiality of all relay 272 service messages. 273 (d)Ensure that the telecommunications relay service system 274 complies with regulations adopted by the Federal Communications 275 Commission to implement Title IV of the Americans with 276 Disabilities Act. 277 (e)Set eligibility requirements for the distribution of 278 specialized communications technology based on income 279 qualifications or participation in other state or federal 280 programs based on income, which requirements must be set at no 281 less than double but no more than triple the federal poverty 282 level. Eligibility requirements may not prohibit the 283 administrator from providing access to specialized 284 communications technologies if such access has a de minimis 285 value. This paragraph does not apply to specialized 286 telecommunications devices using standard telephone lines. 287 (3)(a)The commission shall select a the provider of the 288 telecommunications relay service pursuant to procedures 289 established by the commission. In selecting a the service 290 provider, the commission shall take into consideration the cost 291 of providing the relay service and the interests of the hearing 292 loss, speech impairment, and deafblind impaired and speech 293 impaired community in having access to a high-quality and 294 technologically advanced telecommunications system. The 295 commission shall award the contract to the bidder whose proposal 296 is the most advantageous to the state, taking into consideration 297 the following: 298 1.The appropriateness and accessibility of the proposed 299 telecommunications relay service for the residents citizens of 300 this the state, including persons with hearing loss or speech 301 impairment or who are deafblind who are hearing impaired or 302 speech impaired. 303 2.The overall quality of the proposed telecommunications 304 relay service. 305 3.The charges for the proposed telecommunications relay 306 service system. 307 4.The ability and qualifications of the bidder to provide 308 the proposed telecommunications relay service as outlined in the 309 request for proposals. 310 5.Any proposed service enhancements and technological 311 enhancements which improve service without significantly 312 increasing cost. 313 6.Any proposed inclusion of provision of assistance to 314 deaf persons with special needs to access the basic 315 telecommunications system. 316 7.The ability to meet the proposed commencement date for 317 the telecommunications relay service. 318 8.All other factors listed in the request for proposals. 319 (4)(a)The commission shall establish a mechanism to 320 recover the costs of implementing and maintaining the services 321 required pursuant to this part which must shall be applied to 322 each basic telecommunications access line. In establishing the 323 recovery mechanism, the commission shall: 324 1.Require all local exchange telecommunications companies 325 to impose a monthly surcharge on all local exchange 326 telecommunications company subscribers on an individual access 327 line basis, except that such surcharge may shall not be imposed 328 upon more than 25 basic telecommunications access lines per 329 account bill rendered. 330 2.Require all local exchange telecommunications companies 331 to include the surcharge as a part of the local service charge 332 that appears on the customers bill, except that the local 333 exchange telecommunications company shall specify the surcharge 334 on the initial bill to the subscriber and itemize it at least 335 once annually. 336 3.Allow the local exchange telecommunications company to 337 deduct and retain 1 percent of the total surcharge amount 338 collected each month to recover the billing, collecting, 339 remitting, and administrative costs attributed to the surcharge. 340 (b)The commission shall determine the amount of the 341 surcharge based upon the amount of funding necessary to 342 accomplish the purposes of this act and provide the services on 343 an ongoing basis; however, in no case shall the amount exceed 15 344 25 cents per line per month. 345 (e)From the date of implementing the surcharge, the 346 commission shall review the amount of the surcharge at least 347 annually and shall order changes in the amount of the surcharge 348 as necessary to assure available funds for the provision of the 349 telecommunications access system established herein. Where the 350 review of the surcharge determines that excess funds are 351 available, the commission may order the suspension of the 352 surcharge for a period that which the commission deems 353 appropriate. The commission may not increase the surcharge when 354 excess funds are available. 355 (5)The commission shall require each local exchange 356 telecommunications company to begin assessing and collecting the 357 surcharge in the amount of 5 cents per access line per month on 358 bills rendered on or after July 1, 1991, for remission to the 359 administrator for deposit in the operational fund. Each local 360 exchange telecommunications company shall remit moneys collected 361 to the administrator. On August 15, 1991, each local exchange 362 telecommunications company shall begin remitting the moneys 363 collected to the administrator on a monthly basis and in a 364 manner as prescribed by the commission. The administrator shall 365 use such moneys to administer the telecommunications access to 366 cover costs incurred during the development of the 367 telecommunications relay services and to establish and 368 administer the specialized telecommunications devices system. 369 (6)The commission shall establish a schedule for 370 completion of specific stages of the telecommunications relay 371 service development and implementation except that the statewide 372 telecommunications relay service shall commence on or before 373 June 1, 1992. 374 (7)The commission shall require the administrator to 375 submit financial statements for the distribution of specialized 376 telecommunications devices and for specialized communications 377 technology and for the telecommunications relay service to the 378 commission quarterly, in the manner prescribed by the 379 commission. 380 (7)(8)The commission shall adopt rules and may take any 381 other action necessary to implement the provisions of this act. 382 (8)(9)The commission shall prepare an annual report on the 383 operation of the telecommunications access system and, which 384 shall make such report be available on the commissions Internet 385 website. Reports must be prepared in consultation with the 386 administrator and the advisory committee appointed pursuant to 387 s. 427.706. The reports must, at a minimum, briefly outline the 388 status of developments in the telecommunications access system, 389 the number of persons served, the call volume, revenues and 390 expenditures, the allocation of the revenues and expenditures 391 between provision of specialized telecommunications devices and 392 specialized communications technologies to individuals and 393 operation of statewide relay service, other major policy or 394 operational issues, and proposals for improvements or changes to 395 the telecommunications access system. 396 Section 4.Paragraphs (a) and (c) of subsection (1), 397 subsection (4), paragraphs (a) and (b) of subsection (5), and 398 subsection (7) of section 427.705, Florida Statutes, are amended 399 to read: 400 427.705Administration of the telecommunications access 401 system. 402 (1)Consistent with the provisions of this act and rules 403 and regulations established by the commission, the administrator 404 shall: 405 (a)Purchase, license, store, distribute, and maintain 406 specialized telecommunications devices, equipment, and 407 specialized communications technology, either directly or 408 through contract with third parties, or a combination thereof. 409 (c)Administer training services for recipients of 410 specialized telecommunications devices, equipment, and 411 specialized communications technology and for telecommunications 412 relay service users as directed by the commission through 413 contract with third parties. 414 (4)In contracting for the provision of distribution of 415 specialized telecommunications devices, outreach services, and 416 training of recipients, the administrator shall consider 417 contracting with organizations that provide services to persons 418 with hearing loss or speech impairment or who are deafblind who 419 are hearing impaired or speech impaired. 420 (5)The administrator shall provide for the distribution of 421 specialized telecommunications devices to persons qualified to 422 receive such equipment in accordance with the provisions of this 423 act. The administrator shall establish procedures for the 424 distribution of specialized telecommunications devices and shall 425 solicit the advice and counsel and consider the recommendations 426 of the advisory committee in establishing such procedures. The 427 procedures shall: 428 (a)Provide for certification of persons with hearing loss 429 or speech impairment or who are deafblind as hearing impaired, 430 speech impaired, or dual sensory impaired. Such certification 431 process must shall include a statement attesting to such 432 impairment by a licensed physician, audiologist, speech-language 433 pathologist, hearing aid specialist, or deaf service center 434 director, or regional distribution center director; by a state 435 certified teacher of the hearing impaired; by a state-certified 436 teacher of the visually impaired; or by an appropriate state or 437 federal agency. The licensed physician, audiologist, speech 438 language pathologist, hearing aid specialist, state-certified 439 teacher of the hearing impaired, or state-certified teacher of 440 the visually impaired providing statements which attest to such 441 impairments shall work within their individual scopes of 442 practice according to their education and training. The deaf 443 service center directors, regional distribution center 444 directors, and appropriate state and federal agencies shall 445 attest to such impairments as provided for in the procedures 446 developed by the administrator. 447 (b)Establish characteristics and performance standards for 448 specialized telecommunications devices and specialized 449 communications technologies determined to be necessary, and for 450 the selection of equipment to be purchased for distribution to 451 qualified recipients. The characteristics and standards must 452 shall be modified as advances in equipment technology render 453 such standards inapplicable. 454 (7)The administrator shall assume responsibility for 455 distribution of specialized telecommunications devices and 456 specialized communications technologies. 457 Section 5.Subsections (1) and (2) of section 427.706, 458 Florida Statutes, are amended to read: 459 427.706Advisory committee. 460 (1)The commission shall appoint an advisory committee to 461 assist the commission with implementing the implementation of 462 the provisions of this part. The committee shall be composed of 463 no more than 10 persons and shall include, to the extent 464 practicable, persons recommended by organizations representing, 465 the following groups: 466 (a)The Two deaf persons recommended by the Florida 467 Association of the Deaf. 468 (b)Persons with hearing loss One hearing impaired person 469 recommended by Self-Help for the Hard of Hearing. 470 (c)The deafblind One deaf and blind person recommended by 471 the Coalition for Persons with Dual Sensory Disabilities. 472 (d)Persons with speech impairment One speech impaired 473 person recommended by the Florida Language Speech and Hearing 474 Association. 475 (e)The elderly Two representatives of telecommunications 476 companies. 477 (f)One person with experience in providing 478 Telecommunication relay service distribution centers services 479 recommended by the Deaf Service Center Association. 480 (g)Communications service providers One person recommended 481 by the Advocacy Center for Persons with Disabilities, Inc. 482 (h)One person recommended by the Florida League of 483 Seniors. 484 (2)The advisory committee shall provide the expertise, 485 experience, and perspective of persons with hearing loss or 486 speech impairment or who are deafblind who are hearing impaired 487 or speech impaired to the commission and to the administrator 488 during all phases of the development and operation of the 489 telecommunications access system. The advisory committee shall 490 advise the commission and the administrator on the quality and 491 cost-effectiveness of the telecommunications relay service and 492 the specialized telecommunications devices, equipment, and 493 specialized communications technologies distribution system. The 494 advisory committee may submit material for inclusion in the 495 annual report prepared pursuant to s. 427.704. 496 Section 6.This act shall take effect July 1, 2025.
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